I agree with all proposals, especially the update of the definition of clinical social work services!

Since psychosocial evaluations are a crucial part of every social work assessment/service, regardless of position, it astounds me that this phrase was extracted from the definition of clinical social work anyway. Yes, please, include this in the definition of clinical social work.

I support both of these changes.

I would also like for the laws governing the parctice of Clinical Social Work to include that a LCSW can independently do home studies / home evaluations for

Adoption

Custody

Foster Care.

Thank you.

Regards

Gerald Bowman, LCSW, ACSW

In the state of Virginia, there currently is an exclusion for Nursing Home and Hospital based social workers functioning in case management roles/titles. If this amendment is passed then the state would need to support social workers in those setting to require licensure as they do complete psychosocial assessments in both settings. NASW today does support medical social workers functioning with a case management job title even though we complete psychosocial assessments, brief therapy, crisis interventions, advocacy and connect clients to community resources. 

I think there is no doubt that this particular piece of information should be reintroduced into the definition of clinical social work services.  Additionally, it is important to clarify, include and cover social workers not in private practice but working in the medical profession such as nursing home, rehab facilities and hospitals.   It is imperative for the integrity of the profession that individuals who have not actively practiced or are attempting to reinstate or reactivate their license, have some sort of supervision and additional hours of CEUs completed before being allowed to do so.  Finally, I support the previous suggestion that LCSWs be allowed to independently complete home studies and home evaluations for individuals.

I support both of these changes.

It is about time that psychosocial assessments be included under clinical practice. As a medical social worker my clinical skills are critical to eliciting accurate and informative information.

August 2, 2017

PUBLIC COMMENT

By: Joseph G. Lynch LCSW

Virginia Society for Clinical Social Work

Definition of “clinical social work services” to include “psychosocial interventions.”                      

            On the Virginia Regulatory Town Hall website there is a section titled “General legal principles” (provided by the Office of the Attorney General).  This section includes a subsection “How to make a regulation enforceable” Some of the highlights are:

• First and foremost, a regulation must be supported by statutory authority. Express authority is preferred, but implied authority is sufficient provided it can be fairly implied from the language used in the basic law or it is necessary to enable the agency to exercise the powers that are expressly granted.
• A properly promulgated and adopted regulation is entitled to a presumption of validity in a judicial proceeding. See § 2.2-4027 of the Code of Virginia. That is the goal.
• Relate the regulation clearly to its statutory authority. The regulation must be understandable to:

 (1) The regulated community

(2)  Lawyers who may end up challenging or defending it, and

(3) A court which may hear that challenge. 
 (https://townhall.virginia.gov/um/legalbasis.cfm)           

            Chapter 37 of Title 54.1 of the Code of Virginia Social Work, § 54.1-3700 Definitions: Practice of Social Work the term “psychosocial treatment” appears (See below). 

"Practice of social work" means rendering or offering to render to individuals, families, groups, organizations, governmental units, or the general public service which is guided by special knowledge of social resources, social systems, human capabilities, and the part conscious and unconscious motivation play in determining behavior. Any person regularly employed by a licensed hospital or nursing home who offers or renders such services in connection with his employment in accordance with patient care policies or plans for social services adopted pursuant to applicable regulations when such services do not include group, marital or family therapy, psychosocial treatment or other measures to modify human behavior involving child abuse, newborn intensive care, emotional disorders or similar issues, shall not be deemed to be engaged in the "practice of social work." Subject to the foregoing, the disciplined application of social work values, principles and methods includes, but is not restricted to, casework management and supportive services, casework, group work, planning and community organization, administration, consultation and education, and research.

            The VSCSW believes that this sentence with “psychosocial treatment” is delineating several items that are the “Practice of Social Work” including “psychosocial treatment” as one of the items.  The VBSW proposed to use the term “psychosocial interventions” in the definition of “Clinical Social Work Services.”   The VSCSW advocates for the VBSW to use the term “psychosocial treatment” in the definition of “Clinical Social Work Services” instead of “psychosocial interventions.” This change is justified in that it meets the General legal principles” provided by the Office of the Attorney General (referred to above) in that it is:

• More clearly supported by express statutory authority.
• More clearly meets the goal of a presumption of validity in a judicial proceeding.
• More clearly relates the regulation to its statutory authority.
• More clearly makes the regulation understandable to:

 (1) The regulated community

(2)  Lawyers who may end up challenging or defending it, and

(3) A court which may hear that challenge. 

• A more defensible position for the VBSW.
• Less confusion to the public by using language that is precisely consistent with the language of the current Code of Virginia instead of introducing a new term that is similar to the term in the Code of Virginia but not precisely the same term.

The VSCSW views this as an opportunity for the VBSW to develop strong regulatory language as it makes changes in the definition of “Clinical Social Work Services.”

                                                Submitted by:

                                                Joseph G. Lynch LCSW

                                                Legislative Vice President VSCSW

The proposed changes show forward thinking on the part of the Virginia Board of Social.  As a person heading towards retirement in the next few years, it's great to see some flexibility and inclusiveness here.  Hoping these proposals pass.

I agree with the propsed ammendment, lots of social workers are providing clinical services through MHSS but are not getting credit for this valuable service due to Medicaid regulations. Give them credit for this valuable work!

Would this change in regulations override the current legislation that a social worker can be defined as anyone with a social work degree (BSW or MSW)? Would it mean that currently exempt settings such as non profits or hospitals would have to hire LCSWs in order to provide the services they currently get reimbursed for? These two questions concern me. As a licensed social worker who has chosen not to pursue an LCSW (at least at this time), I am wondering if this regulation would affect the ability of the unlicensed or mid level social workers to perform their job duties, or create a requirement that they get an LCSW. As we know, this is an expensive and time consuming process which is not within the reach or desire of all social workers. However, if these two issues are not going to be created by the change in regulation, I am supportive of it.

Agree with proposed changes/revisions.  Recommend notification via email/and or mail of any and all changes that impact those who attempted to reactivate their license in June of this year and anyone considering changing to an inactive status.

The propsed regulatory changes seem reasonable and have strong stated purpose.  It has been brought up in other comments though that language needs to be consistent across the regulatory documents, however, and I agree. This is particularly true for psychosocial intervention versus psychosocial treatments.

Besides making the terminology consistent across the board, there is no issue with the proposed regulatory action. I believe the expansion of the definition of clinical social work is important for the field of social work in the State of Virginia.